Archive for the ‘PUCL’ Category

Here is the complete list of documents and digital material seized by the police from Binayk Sen’s home. He was also prevented from addressing the media to rebut the lies that the police chose to spread while addressing the press and media representatives gathered outside his home.

Although the police was claiming in front of the media that they had found some significant documents, a copy of the seizure memo enlisting all the material exposes the “white lie” of the police. These are as follows:

1. Five CDs, mostly pertaining to the various investigations regarding Fake Encounters in Gollapalli, Katgaon, Surguja, and Jharkhand, which were made during the PUCL investigations, and contain interviews with the concerned citizens. PUCL has been distributing these for the last two years.

2. The Computer CPU, yet to be examined by experts;

3. A post-card dated 3.6.2006 written to Dr. Binayak Sen by the CPI (Maoist) leader, Sri Narayan Sanyal lodged at the Raipur Central Jail, regarding his health as well as legal case, which is duly signed by the Jail authorities carrying the Seal of the Jail Authorities;

6. A Letter written by Madanlal Banjare (a member of the CPI- Maoist) from Jail addressed to “Priya [dear] Comrade Binayak Sen” revealing the inhuman conditions and illegal activities in Raipur Central Jail. (PUCL NOTE: This letter was later sent to all newspapers and electronic media by the PUCL, and was prominently published in some newspapers);

7. A Xeroxed Article in English entitled: “Naxal Movement, Tribals and Women’s Movement”

(PUCL NOTE: This Article is based on a dialogue carried out in Andhra Pradesh during the period of the Peace Talks and was later published in the prestigious periodical Economic & Political Weekly, Mumbai)

8. A hand written photocopied note of 4 pages on “How to build an Anti-US Imperialist Front.”;

We invites all to join the huge rally protest of raipur on 31st. This will be a strong message to the repressive and undemoctaric state. .We hope you are already preparing to reach Raipur to join the voices of dissent.Venue : KHALSA SCHOOL, near Pandri Bus stand, Pandri Accommodation: Pastoral Centre, near Holy Cross School, Baron Bazar Contact Person : Adv. Sudha Bhardwaj (mobile: 099266-03877)

Another major concern is about the threat of Dr. Ilina Sen getting arrested. This news is being spread by the CG police themselves and hence also the CG local press. Sources close to police confirm that they do plan to arrest her on the grounds of being owner of the house from where “incriminating evidence” was found.

This is ridiculous and should get on the nerves of anyone who has any allegiance to human rights or civil liberties. Friends, it is high-time we show the CG government that lawlessness and absolute human rights violations will not be tolerated by people. We hope the 31st programme becomes a common ground of this declaration.

However, the ground situation in Chhattisgarh continues to be extremely bad with more and more people’s movements and activists being targeted. Radheshyam Sharma is still in jail, but atleast he has ended his hunger strike and is not getting tortured compared to Piyush Guha or some others… Another issue is lack of pro-active legal support that is required from legal experts on HR issues and draconian legislations…

Close to 6 thousand people from all over Chhattisgarh participated in the daylong dharna, rally and public meeting raising their voice against the police harassment of the Human Rights & Social Activists working for the rights of the people, especially the tribals, dalits, women, bonded & child labourers, workers, farmers, minorities, etc. They also demanded that the Government should immediately stop their anti-people’s policies and adopt a pro-people’s agenda where the land, water, forest, seeds, and other natural resources are collectively owned by the people, and basic facilities like employment, health, education, drinking water, etc are made available to the people as their fundamental right & not a commodity.

1. Withdraw all false cases against Dr. Binayak Sen and release him immediately.2. Repeal the Chhattisgarh Special Public Security Act, 2005.3. Stop police harassment of Human Rights & Social activists, media persons, intellectuals working for the rights of the people, especially the tribals, dalits, women, bonded & childlabourers, workers, farmers, minorities, etc.4. Stop Salwa Judum & other anti-tribal activities, and withdraw Naga battalion, Mizo battalion & Central Security forces from Bastar.5. Stop displacement from forest and implement Schedule Tribe and Traditional Forest Dwellers Land Rights Bill (Forest Rights Recognition Act) 2006.6. The tribals of Bastar should have collective ownership over the natural resources of Bastar, and the attack on their democratic rights should be stopped immediately and the model of development should be based on the principles of social justice and equality.

A protest demonstration is also being organized on 31st May 2007 by the Chhattisgarh PUCL against the Black Laws and the arrest of Dr. Binayak Sen.

As you know the vice-president of PUCL Dr. binayak sen were arrested by chhatishgarg police alleged false cases. Police searched the house of Dr. sen and found some pumphalates related to resistance against US imperialism and a letter written by a CPI (Maoist) leader name Madan in which he described the worst condition of prisoners in raipur central jail and requested to take some action against this by PUCL Chhatishgarh.

In this particular letter the maoist leader addresed Dr. binayak as ” priya comrade binayak.” the police is acclaiming that this addressing show the connection of Dr. sen with maoist.

Arresting of Dr. binayak sen triggered the all democratic and thinking people of india as well as the world. accros all over country strong protest are increasing day by day. In these instant protest justice Rajendra sachhar, world known writer Arundhati Roy, activist Sandeep pandey, seniour journalist Prabhash joshi, Ajit Bhattacharji, former Collecter B.D.Sharma, ideal IAS Harsh mandar and so many well recognize citizens show the deep solidarity with Dr. Sen and came out side to protest against the atrocity of state on human and civil right activist.

In a dramatic incident Raipur police had also arrested the PUCL Chhatishgarh’s president Rajendra sail, about this you were informed earlier. But still all sheduled protest will continue.

On 31st there will be a huge mobilization of social activist, intellectuals, journalist, cultural activist,students, women and people from all section of society in Raipur. Between this there are going so many protests, seminars, rallies and dharnas.

We invites all to join the huge rally protest of raipur on 31st. this will be a strong message to the repressive and undemoctaric state. i would like to say that there is no need of any extra fomalities about this. plz. join this!!!

25th May 2007, Raipur (Chhattisgarh) Adv. Rajendra Kumar Sail, Human Rights Activist and presently President of Chhattisgarh PUCL was arrested on 24th May 2007 by heavily armed Chhattisgarh Police in pursuance of the one week simple imprisonment sentence given by the Hon’ble Supreme Court of India in the Contempt of Court case involving contempt of the Jabalpur High Court on the Judgment delivered by the Jabalpur High Court in the Shaheed Niyogi Murder Trial. The timing and manner of his arrest proves that it was a deliberate attempt by the Chhattisgarh Government to deliberately remove Adv. R K Sail from the scene of the protest and disrupt against the arrest of Dr. Binayak Sen, General Secretary of Chhattisgarh PUCL & Vice-President, National PUCL under the provisions of the highly controversial Black Laws: Chhattisgarh Special Public Security Act, 2005 and the Unlawful Activities (Prevention) Act, 1967 (amended in 2004).

It may be recalled that Adv. RK Sail is heading the campaign against the arrest of Dr. Binayak Sen and the use of Black Laws like CSPSA on Human Rights and Social Activists working for the rights of the workers, farmers, adivasis, women and the youth. The Social Movements & Human Rights Organizations are protesting against this action of the CG Government and on 24th May 2007 one-day dharna was organized at the District Headquaters all over the State, and State level & Natioanl Level dharna will be organized on 28th May and 31st May 2007, respectively. A signature campaign was also launched on 24th Mat 2007 mobilizing public against Dr. Sen’s detention under the black laws.

Adv. RK Sail was sentenced to six month simple imprisonment by the Jabalpur High Court in 1998 for voicing his comments on the judgment delivered by the Jabalpur High Court in the Shaheed Niyogi Murder trial in which the High Court had completely changed the judgment of the Session Court, Durg and acquitted all the accused. Adv. RK Sail had gone in appeal in the Hon’ble Supreme Court and on 21st April 2005 the Hon’ble Supreme Court had reduced the sentence to one week with the comment that “…the sentence awarded to Rajendra Sail by the High Court having regard to nature of contempt cannot be said to be unjustified. But having regard to his background and the organization to which he belongs which, it is claimed, brought before various courts including this court many public interest litigation for general public good, we feel that ends of justice would be met if sentence of six month is reduced to sentence of one week simple imprisonment. We order accordingly.”

Yesterday, the Chhattisgarh Police arrested him after he was returning from participating in a daylong dharna at Raipur against the arrest of Dr. Binayak Sen. Heavily armed Police personals surrounded his vehicle in front of the Mahila Thana and took him to Civil Lines Police Station where he was served the warrant issued by the Jabalpur High Court on 12th March 2007. The police then proceeded to take him to Jabalpur by road. He will be produced before the Magistrate(Judicial) of Jabalpur High Court today to undergo the imprisonment of one week.

The manner and the timing of his arrest proves that it was a deliberate move by the Chhattisgarh Government to remove Adv. RK Sail from the scene of the protest and to undermine and jeopardize the peaceful campaign. But, the social action groups & human rights organizations are more determined then before to protest against the draconian designs of the State to suppress the voice of democratic struggle.

This is an appeal to all to join in the protest demonstration and raise our united voice against in defence of democracy. We will make an attempt to keep you informed on the progress.

VOICE FOR VOICELESS: Writer and social activist Arundhati Roy addressing a press conference held against the arrest of Binayak Sen, general secretary, Chhattisgarh PUCL, in New Delhi on Thursday. — Photo: Rajeev Bhatt

NEW DELHI : Alleging that fake encounters in the past two years have claimed the lives of 155 people in Chhattisgarh, members of the People’s Union for Civil Liberties (PUCL) on Thursday accused the State Government of subjecting Adivasis to atrocities under the garb of Salwa Judum — a people’s movement against terrorism and naxalism initiated by the Government in June 2005.

The recent arrest of PUCL member Binayak Sen in Chhattisgarh, they said, was an example of the Government’s repression on voices that drew attention to human rights violations.

Members of the PUCL, who organised a demonstration outside the Chhattisgarh Bhavan in the capital on Thursday, have sought Dr. Sen’s unconditional release.

They accused the Government of “framing” Dr. Sen, a paediatrician and the vice-president of the PUCL in Chhattisgarh. He was arrested on May 14 under the Unlawful Activities (Prevention) Act, 2004, and the Chhattisgarh Special Public Security Act, 2005.

Later addressing a press conference, Harish Dhawan of the People’s Union for Democratic Rights (PUDR) said Dr. Sen had been falsely implicated.

“The State Government has unleashed terror and the police have not yet filed a First Information Report. Threats to PUCL members and Dr. Sen had begun two-and-a-half years ago, because we had begun to draw attention to the large-scale killings, rapes and human rights violation that went unreported.”

Condemning the arrest of Dr. Sen, the former Chief Justice of the Delhi High Court, Justice Rajinder Sachar, said: “PUCL members are committed to non-violence.

“Violence cannot be tolerated; State violence is no less than any other violence. POTA’s draconian laws have been incorporated in the Unlawful Activities (Prevention) Act, 2004.”

`Dangerous trend’

Criticising Salwa Judum, noted writer Arundhati Roy said: “What has happened to Dr. Sen is what has been happening to the people of Chhattisgarh; people who are not heard, who have no voices. It all begins with the creation of Salwa Judum. Both the Congress and the Bharatiya Janata Party are colluding to create a people’s militia and using unemployed people as special protection officers. This is a dangerous trend… which will result in the society becoming militarised.”

Advocate Prashant Bhushan accused the Government of orchestrating “land grabbing” and repressing the Adivasis who raise their voice against this. Joining the PUCL in seeking the release of Dr. Sen were members of the PUDR, Medicos Friend Circle, the National Alliance for People’s Movement, the Socialist Front, Saheli and the Delhi Solidarity Group.

Dr. Binayak Sen, General Secretary, Chhattisgarh PUCL and Vice-President, National PUCL was arrested this afternoon, produced at the Court of the Chief Judicial Magistrate, Bilaspur, and send to the Raipur Central Jail on Judicial Remand till 18 th of May 2007.

It may be noted that Dr. Sen was arrested as a co-accused in the case of Mr. Piyush Guha, supposedly a messenger for Community Party of India (Maoist), under the Chhattisgarh Special Public Security Act, 2005 and the Unlawful Activities (Prevention) Act, 1967 (amended in 2004)

He was medically examined before producing him at the CJM Court. He told the Doctors about all his ailments, and was given the choice by the Court to be admitted in the Hospital, which was refused by Dr. Sen himself, who preferred to go the Jail.

Today only Dr. Sen returned from Kolkotta after a fortnight’s rest and treatment. At about 1 pm, a policeman went to the office of Adv Sudha Bhardwaj, Member, Executive Committee, Chhattisgarh PUCL, and informed that the City Superintendent of Police, Bilaspur would like to record a statement. At this point, both Dr. Sen and Adv Bhardwaj went to the Tar Bahar Police Station, Bilaspur. They were then told that a police party was coming from Raipur for formal arrest. A police party led by Mr. B B S Rajpur, SSP (City), Raipur came along with others, and formally arrested him, sent him for medical examination and then produced him in the court of the CJM, Bilaspur.

It is expected that police would move further applications in the matter, like issuance of search warrant of his residence/premises, etc.

On behalf of the Chhattisgarh PUCL, an emergency meeting has been convened tomorrow at Raipur, in which future strategy and action plan would be chalked out. In the mean time, the Chhattisgarh PUCL office-bearers are in touch with the National PUCL for their guidance in the matter. Adv K G Kannabiran, National President, PUCL would be advising the lawyers in Chhattisgarh for appropriate action in the respective Courts.

We, the following Civil and Democratic Rights organizations, strongly condemn the arrest of Dr. Binayak Sen, General Secretary, PUCL (Chhattisgarh) and Vice President, PUCL (National) under the draconian Unlawful Activities (Prevention) Act, 2004 and Chhattisgarh Special Public Security Act 2006. Dr. Sen is a very well respected civil rights activist of long standing who has the rare ability to integrate his medical profession with his activism. He had come to Bilaspur today to attend his clinic and was informed by the City SP, Bilaspur to reach the local thana for recording of statement. When he reached the thana, he was arrested.

The arrest of Dr. Binayak Sen has come after a week long false charges by the SP Raipur that Dr. Binayak Sen is a Naxalite. In the last few days, the police had made similar public statements against some other PUCL (Chhattisgarh) activists and democratic rights activists including Ms. Rashmi Dwivedi and Mr. Gautam Bandopadyay.

Arresting of civil and democratic rights activists is neither new nor original. The experience of various Civil Rights organizations including the Andhra Pradesh Civil Liberties Committee over the last two decades is enough proof of how the state has attacked those who have questioned the state and exposed the truth behind fake encounters, disappearances and rapes that form an integral part of the operations of state forces. In the present context, it is well known that the Chhattisgarh Government has been indulging in the most brazen brutality in the adivasi areas of the State to suppress the Maoist movement. Dr. Sen’s untiring work in documenting the atrocities and violations committed by the state forces in the guise of the Salwa Judum has earned him the ire of the police. PUCL, Chhattisgarh and other democratic activists have been raising their voice and campaigning against these illegal and inhuman practices, and for this service to democracy, the familiar allegation of being a ‘Maoist’ is made against them.

When the UAPA was amended in 2004 after the repeal of POTA and when the Chhatisgarh Special Public Security Act was enacted in 2006, we expressed the apprehension that it would be used against democratic movements and activists, and the apprehension has been proved right.

We condemn the arrest of Dr. Sen and demand his immediate and unconditional release.

5Sujato Bhadra, Secretariat Member, Association for the Protection of Democratic Rights, West Bengal

Who is Dr. Binayak Sen?

Dr. Binayak Sen is a very well known person and highly respected both in Chhattisgarh and elsewhere. As a medical doctor, Dr Sen has been actively involved in reaching health care to the poorest people as well as monitoring the health and nutrition status of the people of Chhattisgarh. Dr Sen helped to set up the Chhttisgarh Mukti Morcha’s Shaheed Hospital a pioneering effort to effort to set up a health programme and hospital owned and operated by a workers’ organization for the benefit of thecommon people Besides being actively associated with the Shaheed Hospital, Dr Sen is a very well respected member of Jan Swasthya Sahyog which is committed to developing a low-cost, effective, community health programme in the tribal and rural areas of Bilaspur district of Chhattisgarh. He was also a member of the state advisory committee set up to pilot the community based health workerprogramme across Chhattisgarhthat later became well known as theMitanin programme. He also gives his services to a weekly clinic in a tribal community in Dhamtari district.

As General Secreatary of the Chhattisgarh PUCL, he has helped to organize numerous fact finding campaigns into human rights violations in the state including custody deaths, fake encounters, hunger deaths, dysentery epidemics, malnutrition, and other similar violations. In recent times has workedintensively to bring large scale oppression and malgovernance within the so called Salwa Judoom in Dantewara to national and international attention. Dr. Sen has regularly spoken to the local and national media on these issues.

Dr Senhas been contributing theoretical papers to books and journals on public health .He was the recipient in 2004 of the PaulHarrison award forlifetime work medical Care in the service of Humanity, anaward givenannuallyby the Christian Medical College Vellore to one of its alumni